HEALTH & LIFE SCIENCES NEWS
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries

This Week in 340B: June 18 – 24, 2024

Posted In 340B

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment

  • In the consolidated Medicare payment cut case, the plaintiffs filed a memorandum opposing the government’s motion to dismiss.
  • In a case challenging proposed state laws governing contract pharmacy arrangements, a pharmaceutical company filed a motion for preliminary injunctive relief.
  • In a separate case challenging proposed state laws governing contract pharmacy arrangements, defendant state attorney general filed a motion in opposition to plaintiff’s motion for preliminary injunctive relief.
  • A drug manufacturer filed two separate complaints against two state attorneys general to challenge state laws governing contract pharmacy arrangements.
  • A nonprofit organization filed an amicus curiae brief in support of the 340B Covered Entity plaintiff-appellant in a contract pharmacy case.
  • In five separate cases challenging state laws governing contract pharmacy arrangements:
      1. Two plaintiffs filed separate motions for preliminary injunctions;
      2. Two state defendants filed answers to the plaintiffs’ complaints as well as oppositions to the plaintiffs’ motions for a preliminary injunction;
      3. One state defendant filed a motion for judgment on the pleadings, in response to which the plaintiff filed a motion for an extension to respond; and
      4. A manufacturer plaintiff voluntarily dismissed its complaint against a state attorney general.
Emily Jane Cook
Emily Cook is a practice area leader for McDermott's Healthcare Regulatory & Compliance practice. She is a national authority on the 340B drug pricing program, and also helps clients navigate the full suite of federal and state regulations that are essential to healthcare operations. Learn more about Emily's practice here.


Reuben Bank
Reuben Bank provides regulatory and transactional counseling on all aspects of state and federal healthcare laws impacting hospitals and healthcare systems. Click here to learn more about Reuben's practice: https://www.mwe.com/people/reuben-bank/


Bryan Frederick
Bryan Frederick is an associate in McDermott's Healthcare Practice Group. While earning graduate degrees in law and public health, Bryan served as a legal intern at the Los Angeles LGBT Center Immigration Law Project and senior editor of the Michigan Law Review at University of Michigan Law School.Learn more about Bryan's practice here.


Jae Hyun Lee
Jae Hyun Lee is a member of the Healthcare Practice Group. He focuses his practice on healthcare mergers and acquisitions as well as regulatory and compliance matters. Read Jae's full bio here.


Patrick Moore
Patrick Moore is an associate in McDermott's Healthcare Practice Group. While earning his law degree, Patrick served as a legal intern for a global life sciences research organization and as managing editor of the Journal of International Law and Foreign Affairs at UCLA School of Law.Learn more about Patrick's practice here.


Kelsey Reinhardt
Kelsey R. Reinhardt focuses her practice on regulatory and transactional matters affecting a wide range of clients across the healthcare industry. Learn more about Kelsey's practice here.

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